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Bombay High CourtIA/3792/2025disposed off

Sewri Nilgiri Udyog Bhavan Co-Op. Society Limited v. M/S. M.B. Development Corporation, Mumbai And ORS.

2025-10-07Hon'Ble Shri Justice M. M. Sathaye2 pages

13-IA-3792-2025-IN-FA-1741-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3792 OF 2025 IN FIRST APPEAL NO.1741 OF 2024 by SATISH RAMCHANDRA SANGAR Date:

2025.10.09 11:42:46 +0530 SATISH RAMCHANDRA SANGAR Sewri Nilgiri Udyog Bhavan Co Op.

Society Limited ...Applicant In the matter between:- Sewri Nilgiri Udyog Bhavan Co Op.

Society Limited ...Appellant V/s.

M/s. M.B. Development Corporation and Ors.

...Respondents

***** Mr.Prathamesh Bhargude i/b.

Mr.Akash Shah a/w Ms.Dhanavanti Kharva:- Advocates for Applicant/ Appellant.

Ms.Pushpa Thapa (Later on) i/b.

Ms.Kavita A. Shah:- Advocate for Respondent No.1.

Mr.Pradeep M. Patil:- Advocate for Respondent No.5 - BMC.

*****

CORAM

:

S. M. MODAK, J.

DATE :

7th OCTOBER 2025 P. C. :- 1.

Mentioned out of turn.

2.

The suit of the Appellant is partly decreed. This Appeal is in respect of part of the suit which is not decreed. Satish Sangar 1/2

13-IA-3792-2025-IN-FA-1741-2024.doc 3.

The present Interim Application on behalf of the Appellant is to grant permission to repair the road which is used by the members of the Plaintiff-Society. It is true the MCGM was asked to visit that road and to submit a report. The report is already submitted. 4.

Learned Advocate for Respondent No.1 wants to file a reply to this report. They are at liberty. In view of the prayer made in the present Interim Application, let the learned Advocate for the Respondent No.1 take instruction from the Respondent No.1 whether they are ready to carry out the repairs so as to make it in usable condition and to give the details thereof.

5.

At the request of learned Advocate for Respondent No.1, stand over to 14th October 2025.

[S. M. MODAK, J.] Satish Sangar 2/2